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HomeMy WebLinkAbout08/03/81August 3, 1981 The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council Chambers, Waterloo, Iowa at 7:00 P.M., on August 3, 1981. Mayor Pro Tem Roehr in the Chair. On Roll Call: Present: Getty, Penaluna, Roehr, Wilharm, Bowers, Dowie. Absent: Burton. Invocation by Councilman Wilharm. 80884 - Moved by Dowie, seconded by Getty that the Agenda, as amended, for the Regular Session of August 3, 1981, at 7:00 P.M., be accepted and approved. Motion carried. 80885 - Moved by Penaluna, seconded by Wilharm that the minutes of the Regular Session held July 27, 1981, at 7:00 P.M. be approved. Motion carried. HEARINGS 80886 - Moved by Wilharm, seconded by Dowie that proof of publication of notice of public hearing on site plan for Metropolitan Transit Authority Bus Barn facility expansion located at 1515 Black Hawk Street as published in the Waterloo Courier on July 16, 1981, be received and placed on file. Motion carried. 80887 - HOLD HEARING - This being the time and place to hold hearing the Mayor Pro Tem called for written and oral objections and there were none. Moved by Dowie, seconded by Wilharm that "Resolution approving the site plan for Metropolitan Transit Authority Bus Barn Facility located at 1515 Black Hawk Street", be adopted. Ayes: Six. Absent: Burton. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1981-388. ORAL PRESENTATIONS Councilman Getty asked that the Public Safety Committee review the merits of removing the Police Motorcycles from the Streets as is now being proposed. PETITIONS FROM PUBLIC 80888 - Moved by Penaluna, seconded by Getty that request of Gary M. Erbes for permission to construct a temporary concrete driveway at 224 Byrnbrae Street, without regard to sidewalk grade together with $3.00 for recording waiver, and City Engineer's recommendation for approval subject to the provisions of his letter be received, placed on file, approved and "Resolution granting permission to Gary M. Erbes and authorizing construction of a temporary concrete driveway at 224 Byrnbrae Street, irrespective of a later official grade", be adopted. Ayes: Six. Absent: Burton. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1981-389. 80889 Moved by Dowie, seconded by Getty that communication from H & F Realty, Inc. on rezoning of property located on E. Donald Street and Logan Avenue be received and placed on file. Motion carried. 80890 - Councilman Wilharm presented eight (8) petitions signed by residents in favor of the vacation of Delane Avenue. Moved by Bowers, seconded by Wilharm that communication from Plan and Program Director transmitting request of property owners on Delane Avenue to vacate a portion of Delane Avenue between Martin Road and U.S. Highway 63 and Plan and Program Commission's recommendation of approval together with above petitions be received, placed on file and "Resolution setting date of hearing as August 24, 1981 at City Hall Council Chambers", be adopted and Deputy Clerk instructed to publish notice of hearing. Ayes: Six. Absent: Burton. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1981-390. 80891 - Moved by Wilharm, seconded by Dowie that communication from Plan and Program Commission transmitting request of William Allen to reduce the eight (8) foot easement along the western portion of property located at 239 Upland Avenue to six (6) foot together with Plan and Program Commission's recommendation of approval be received, placed on file and "Resolution o ution set i t ng date of hearing as August 17, 1981 at 7:00 P.M. in City Hall Council Chambers", be adopted and Deputy Clerk instructed to publish notice of hearing. Ayes: Six. Absent: Burton. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1981-391. UNFINISHED BUSINESS 80892 - City Attorney Hultman stated that since the City is currently involved in litigation concerning the termination of an employee who lives outside the City limits, the matter should not be publicly discussed and in any way prejudice the case. He stated that any discussion on the matter should be limited to Executive Session. Moved by Bowers, seconded by Dowie that the oral report of the City Attorney on subject of residency requirement for City employees (see C.R. #80834 of 7/20/81) be received, placed on file and referred to the Safety Committee for review. Ayes: Getty, Penaluna, Roehr, Wilharm, Bowers, Dowie. Nays: Penaluna. Absent: Burton. Motion carried. 80893 - Ralph Anderson, City Engineer, briefly outlined the contents of his written recommendation. Moved by Wilharm, seconded by Bowers that report of City Engineer on petition of area residents of the 700 Block of Dearborn Avenue for sanitary sewer and water service be received and placed on file. Motion carried. DOCUMENTS 80894 - Moved by Dowie, secondedby Bowers that communication from City Engineer recommending acceptance of plat improvements for Klingaman Park Addition, together with two-year maintenance bond for sewer project and four-year maintenance bond for paving project for said improvements be received and placed on file and approved with effective date of bond being that of Council approval. Motion carried. 80895 - Moved by Bowers, seconded by Dowie that communication from Plan and Program Commission transmitting permanent easements from the following property owners in connection with the construction and maintenance of storm sewer improvements in the Castle Hill Drainage Area, Contract No. 222 be received, placed on file, approved and instruct Deputy Clerk to record same: Herbert and Lois Smith; 133 Helen Road John D. Porter; 2114 Cardinal Drive James and Nancy Gray; 2115 Rainbow Drive Motion carried. 80896 Don Temeyer, Plan and Program Director, reported that storm water would be accommodated with inlets that will eventually be hooked into the future storm sewer system in the area. Lots will also be graded along the rear lot lines thus accommodating overland flow. Elevations will be specified in the deed of dedication. Moved by Penaluna, seconded by Bowers that final plat of Cloverdale Acres Replat No. 2 together with Engineer's Certificate of Survey, Contract and Waivers, Deed of Dedication, Report of the City Engineer and Plan and Program Commission's resolution of approval and their recommendation for Council approval be received, placed on file and "Resolution approving the final plat of Cloverdale Acres Replat No. 2, Black Hawk County, Iowa", be adopted. Ayes: Six. Absent: Burton. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1981-392. 80897 - Don Temeyer, Plan and Program Director, explained the Commission's reasons for denying the owner's request for City participation in the cost of oversizing of storm sewer. The request for oversizing is in an area that will only be drained by the future development area owned by Joe Minard and will only serve this particular development. Fred Debe, Schenk Engineering, spoke in favor of the request and that this decision would dictate future policy. Moved by Getty, seconded by Penaluna that final plat of Heartland Hills together with Engineer's Certificate of Survey, Deed of Dedication, Contract and Waivers, Report of the City Engineer and Plan and Program Commission's resolution of approval and their recommendation for Council approval be received, placed on file and "Resolution approving the final plat of Heartland Hills, Black Hawk County, Ibwa", be adopted. Ayes: Six. Absent: Burton. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1981-393. 80898 - Moved by Wilharm, seconded by Penaluna that the request of Joe Minard for City participation in the costs of oversizing storm sewer be received and placed on file and "Resolution approving City participation in oversizing in Heartland Hills", be denied. Ayes: Penaluna, Roehr, Wilharm, Bowers, Dowie. Nays: Getty. Absent: Burton. Motion carried. August 3,. 1981 -2- RESOLUV N TO BE ADOPTED 80&9'9 - Don Temeyer, Plan and Program Director, described the tax exemption schedules that could be adopted for the area. He showed how the area compared to other geographic areas including Neighborhood Strategy Areas (NSA's), Block Grant Area, and the NHS Urban Revitalization Area. In response to Councilman Wilharm's question, Mr. Temeyer stated that most probably the entire City would not be included in an Urban Revitalization Area since not all areas of the community require this incentive for growth and rehabilitation. Moved by Dowie, seconded by Bowers that "Resolution authorizing the City of Waterloo to proceed with developing the necessary support data to establish an Urban Revitalization District in the City of Waterloo, Black Hawk County, Iowa", be adopted. Ayes: Getty, Penaluna, Bowers, Dowie. Nays: Roehr, Wilharm. Absent: Burton. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1981-394. ORDINANCES TO BE ADOPTED 80900 - Moved by Penaluna, seconded by Dowie that "an ordinance amending Ordinance No. 2479, as amended, by adding Subsection No. 190, Rezoning Certain Property to Section 2A-5", be received, placed on file and passed for the third time.(Sid Lederman -Dysart Rd. & U.S. Highway 218) Ayes: Penaluna, Bowers, Dowie. Nays: Getty, Roehr, Wilharm. Absent: Burton. Motion not carried. 80901 - Dassine Melcher, 752 Sherman Avenue, asked how revenue bonds could be issued for a site that had not been properly zoned. City Attorney Evan "Curly" Hultman stated that the two (2) are not contingent upon each other. Moved by Bowers, seconded by Wilharm that "an Ordinance amending Ordinance No. 2479, as amended, by adding Subsection No. 190, Rezoning Certain Property to Section 2A-5"(H&F Realty -W. Donald and Logan Ave.) be received, placed on file and passed for the second time. Ayes: Six. Absent: Burton. Motion carried. NEW BUSINESS 80902 - Moved by Dowie, seconded by Penaluna that the specifications, form of contract, estimate of cost, etc., for Castle Hill Drainage Improvements, Helen Road Culvert and Railroad Cut, Contract No. 222, be received, placed on file and "Resolution preliminarily approving specifications, form of contract, estimate of cost, etc., for Castle Hill Drainage Improvements, Helen Road Culvert and Railroad Cut, Contract No. 222 and setting date of hearing as August 24, 1981 at City Hall Council Chambers at 7:00 P.M.", be adopted and Deputy Clerk instructed to publish notice accordingly. Ayes: Six. Absent: Burton. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1981-395. 80903 - Moved by Bowers, seconded by Getty that communication from Electrical Inspector recommending installation of a street light, be received, placed on file and "Resolution authorizing the installation of one 175 watt vapor street light on the west lot line of 130 Acadia", be adopted and instruct Deputy Clerk to notify Iowa Public Service. Ayes: Six. Absent: Burton. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1981-396. 80904 - Moved by Bowers, seconded=by Wilharm that communication from Mayor Leo P. Rooff recommending reappointment of the -following persons to the Metropolitan Transit Authority Board: Gene Kuebler Hugh Field Milton Roth Warren Cunningham Tom Campbell Don Temeyer Bonnie Gross 1 year terms to expire 7/1/82 2 year terms to expire 7/1/83 3 year terms to expire 7/1/84 be received, placed on file and approved. Motion carried. 80905 - Moved by Bowers, seconded by Dowie that communication from Mayor Leo P. Rooff recommending appointment of Vicky Bjortomt with term expiration on July 1, 1982 to the Metropolitan Transit Authority Board of Directors be received, placed on file and approved. Motion carried. August 3, 1981 -3- NEW BUSINESS Attend Functions: 80906 - Moved by Dowie, seconded by Penaluna that the following requests for permission to attend functions, with expenses allowed riot to exceed amounts shown, be received, placed on file and approved: Budget Analyst to attend Seminar on Budgeting and Productivity Analysis for City Government, Des Moines, Iowa, July 30 & August 4, 1981 -- $30.00 plus use of City vehicle. Fire Chief and Division Chief to attend International Association of Fire Chiefs, St. Louis, Missouri, September 13-16, 1981 -- $775.00 plus use of City vehicle. Police Captain to attend F.B.I. National Academy, Omaha, Nebraska, July 30, 1981 -- $272.00 Electrical Inspector to attend 77th Annual Meeting of International Assoc. of Electrical Inspectors, St. Louis, Missouri, September 27 - 30, 1981 -- $366.00 plus use of City vehicle. Building Official to attend 59th Annual Conference on Education and Code Development of the International Conference of Building officials, Indianapolis, Indiana, October 4 - 9, 1981 -- $899.00. Ayes: Six. Absent: Burton. Motion carried. MISCELLANEOUS 1180907 - Moved by Bowers, seconded by Getty that the following applications for Beer & Liquor Licenses, be received, placed on file and endorsed applications forwarded to the Iowa Beer and Liquor Control Department: Beer & Liquor Permit License Application Class C Becker -Chapman American Legion Post #138, 619 Franklin St. (Renewal) Beer Permit License Applications Class C (Renewal) Siech's Varly Drug, Inc., 908 LaPorte Rd. (Renewal) QuikTrip Corporation dba QuikTrip #502, 3012 Ansborough Ave. Sunday Sales - Beer Permit License Applications Class C (Renewal) Siech's Varly Drug, Inc., 908 LaPorte Rd. QuikTrip Corporation dba QuikTrip #502, 3012 Ansborough Ave. (Renewal) Motion carried. 80908 - Moved by Getty, seconded by Bowers that the following application for Pawnbroker Permit be received, placed on file and granted: Richard Welch dba 0 & B Hollandale, 1955 Washington Motion carried. 80909 Moved by Bowers, seconded by Dowie that the following application for Automobile Salvage Yard be received, placed on file and granted: Charlie Ed Teague, 821 Dearborne Avenue Motion carried. 80910 - Moved by Bowers, seconded by Getty that one Cigarette License Renewal Permit be received, placed on file and granted. Motion carried. August 3, 1981 • -4- • MISCELLANEOUS - (CONT.) 80911 - Moved by Penaluna, seconded by Dowie that the following application for Taxicab Driver be received, placed on file and approved: Darwin A. Derifield, 1330 Dearborn Motion carried. BONDS 80912 - Moved by Dowie, seconded by Penaluna that report of City Attorney and list of bonds filed with Deputy Clerk through Aguust 3, 1981, be received, placed on file and report and bonds approved. Motion carried. 80913 - Moved by Penaluna, seconded by Dowie that the Council adjourn. Motion carried. Michelle Temeyer Deputy City Clerk August 3, 1981 -5-